ILLINOIS POLLUTION CONTROL BOARD
    October 1, 1998
    CITY OF HILLSBORO,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-49
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 29, 1998, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance and notification of recommendation. The Agency
    recommends that the Board grant a 45-day provisional variance. The provisional variance
    would allow this Montgomery County petitioner to replace the existing tertiary filters at its
    wastewater treatment plant. In making its recommendation, the Agency states that failure to
    grant the requested provisional variance for
    45
    days will result in an arbitrary or unreasonable
    hardship on the petitioner.
    The Board grants the petitioner a provisional variance from the five-day biochemical
    oxygen demand (BOD
    5
    ) and total suspended solids (TSS) limits set in 35 Ill. Adm. Code
    304.141(a) and 35 Ill. Adm. Code 304.120, and imposed by National Pollutant Discharge
    Elimination System (NPDES) Permit No. IL0029203. The Board is required, in a provisional
    variance, to adopt a formal order, assure formal maintenance of the record, assure the
    enforceability of the variance, and provide notification of the action by press release. Pursuant
    to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS 5/35(b) (1996)), the
    Board must issue the provisional variance within two days of the filing.
    The provisional variance shall begin on a date in 1998, subject to the following
    conditions:
    1.
    The variance shall begin upon notification to the Agency and shall continue for
    45 days thereafter until the installation of the new filters and training of the
    wastewater treatment staff is completed, whichever occurs first.
    2.
    During the variance period, petitioner shall meet the monthly average effluent
    concentration limit of 15 milligrams/Liter (mg/L) and daily maximum
    concentration limit of 30 mg/L for CBOD
    5
    and daily maximum effluent
    concentration limit of 45 mg/L for TSS. Petitioner shall also continue to meet
    the additional effluent limits contained in its NPDES Permit No. IL0029203.
    2
    3.
    Petitioner shall notify John Wells of the Agency’s Springfield regional office by
    telephone at 217/786-6892 when replacement of the filter system commences
    and again when it is completed. Written confirmation of each notice shall be
    sent within five days to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water - Compliance Assurance Section
    Attention: Susan Davison
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Petitioner shall sign a certificate of acceptance of this provisional variance and
    forward that certificate to the Agency within ten days of the date of this order.
    The certification should take the following form:
    CERTIFICATION
    I (We), _________________________________, hereby accept
    and agree to be bound by all terms and conditions of the order of the
    Pollution Control Board in PCB 99-49 dated October 1, 1998.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 1st day of October 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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